152
152
Apr 22, 2013
04/13
by
CNNW
tv
eye 152
favorite 0
quote 0
he's not been read his miranda rights. people are familiar with what mie ran da means. when ever the police arrest somebody stla to tell them that they have the riepght to remain silent and anything they say can be used against them in court. that i plies when there's an immediate threat to the public safety or the offers doing t interrogation. you pointed out there's suspicions and maybe accomplices. we don't know if there were other devices. certainly the fi by is remieing on a lot of what we know. >> you've cut to the very heart of the first and maybe biggest controversy is whether he should be read his rights or encouraged to speak as freely as possible without an attorney present. that's the other part of the miranda proses. the part that you have the right to an attorney. they don't particularly want him to have an attorney right now. >> mie ran y rairanda was invok protect rights. it can impede an investigation but it's to provide personalization and due process. the supreme court was careful in 1984 to charve out this exception to that says if there's an immedia
he's not been read his miranda rights. people are familiar with what mie ran da means. when ever the police arrest somebody stla to tell them that they have the riepght to remain silent and anything they say can be used against them in court. that i plies when there's an immediate threat to the public safety or the offers doing t interrogation. you pointed out there's suspicions and maybe accomplices. we don't know if there were other devices. certainly the fi by is remieing on a lot of what we...
150
150
Apr 20, 2013
04/13
by
CNNW
tv
eye 150
favorite 0
quote 0
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when there's a public safety emergency we don't have to give miranda warnings. this is going to be very, very controversial, and then senator mccain under the ante by saying this is an enemy combatant and you should treat the case in accordance with the rules of war. what that means is mccain is saying the guy doesn't deserve a jury trial. he's going to be, i don't know whether mccain is suggesting he'd be shipped off to guantanamo, which that would be a radical departure from the way justice is handled in the united states, particularly where a naturalized american citizen is involved and at
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when...
158
158
Apr 20, 2013
04/13
by
CNNW
tv
eye 158
favorite 0
quote 0
that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to look into his activities. there was a belief by that government he might have been involved in some kind of activities. the fbi did look into it. they issued a statement i want to read to you in part saying in response to the 2011 request, the fbi checked data basis looking for things such as derogatory telephone communications, and possible use of online sites associated with the promotion of radical activity, and associations with other persons of interest, and travel history and plans. the fbi did not find anything of concern. and the older brother trav
that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to...
981
981
Apr 23, 2013
04/13
by
CNNW
tv
eye 981
favorite 0
quote 0
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he...
126
126
Apr 22, 2013
04/13
by
CNNW
tv
eye 126
favorite 0
quote 0
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any statements of confessions or intention in order to preserve the greater good of getting realtime intelligence information. >> and public safety which cannot be discounted at this time, that fruit of the poisonous tree so critical in this investigation. alan and jeffrey, standby if you will. we're going to delve a lot deeper into the details in the hour ahead. and also within the past hour a funeral mass concluded for one of the three people who was killed in last week's explosions. there were a lot of mourners packing into st. joseph's church in the boston suburb
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any...
945
945
Apr 20, 2013
04/13
by
CNNW
tv
eye 945
favorite 0
quote 0
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably see the rand pauls, the far right come around and defend his rights and vice versa, but this is something that we saw fought over time and time again when george bush was president. ironically, three republican senators or at least the two, mccain and graham were defending the liberal point of view saying don't torture. >> the argument, should the suspect be treated as part of al qaeda and taliban basically. it was authorization for use of force. the question is does it even apply? >> right. >> and will it matter. and then the other question you're going to get to is if we had been warned by t
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably...
261
261
Apr 20, 2013
04/13
by
CNNW
tv
eye 261
favorite 0
quote 0
why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put yourself in the shoes of the obama administration. they want to know as much as they can about how this happened so as to not make -- make sure it doesn't happen again. if he lawyers up, if he is read his miranda rights, he probably will be advised not to cooperate and not to say anything. isn't it just to play devil's advocate in the best interests of the nation to withhold on doing that for a second and gets a much information as they can? >> well, it's a very tough decision, but really the exception they're using is the public safety exc
why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put...
180
180
Apr 20, 2013
04/13
by
CNNW
tv
eye 180
favorite 0
quote 0
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of wat
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this...
214
214
Apr 20, 2013
04/13
by
CNNW
tv
eye 214
favorite 0
quote 0
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
140
140
Apr 22, 2013
04/13
by
CNNW
tv
eye 140
favorite 0
quote 0
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states,
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over....
132
132
Apr 23, 2013
04/13
by
CNNW
tv
eye 132
favorite 0
quote 0
as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also learning more this morning about -- we're learning more this morning about criminal complaints against tsarnaev detailing step by step how the deadly attack on the boston marathon unfolded. our coverage continues this morning with miguel marquez outside best israel deaconess medical center right here in boston. good morning, miguel. >> good morning, john. this is the criminal complaint that contains what we expect are the first charges. we'll see many more against mr. tsarnaev. in the criminal complaint, investigators built a minute by minute account of the tsarnaev brothers as they moved the crowds at the mara
as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also...
138
138
Apr 22, 2013
04/13
by
CNNW
tv
eye 138
favorite 0
quote 0
the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even months. but i just think it's important to emphasize that the obama administration has absolutely not considered that, has not considered that approach, and every terrorism suspect under either the george w. bush administration or the obama administration who was arrested on american soil has been treated as a criminal defendant in the united states courts. senator graham's proposal would an complete departure from that approach and i don't think there's any indication that's going to happen.that approach a there's any indication that's going to happen. >> and he's a naturalized u.s. citizen. only 19. but last
the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even...
166
166
Apr 22, 2013
04/13
by
CNNW
tv
eye 166
favorite 0
quote 0
just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an attorney present. if an attorney is present, the attorney will simply say to the client, you -- don't answer questions. at that point, the attorney is the person the prosecutor is supposed to deal with. i have to say, there is information out there that we don't have. whether an attorney was present, whether this was an actual arraignment, i think we just need to hold off on that until we get more information. >> we're holding off. still so early this all happened. >> before we let deb feyerick go and chase down that lead she was referring to, deb, i was wondering, is there anything else that sta
just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an...